Dragon Law Firm specializes in providing legal advice services and offering to Clients the best lawful services with the cheapest cost. Clients can contact us at hotline 1900.599.979 to get direct advice by lawyers in company dissolution/bankruptcy.
The procedural steps to dissolve the company dissolution until the present time is still based on the provisions of the Law on Enterprise 2014. However, in order to carry out the dissolution in accordance with existing procedures, Clients will take much time and face hard period with the cumbersome administrative procedures which lasts around 4-6 months.
Cases of and Conditions for Dissolution:
According to Article 201 of Law on Enterprise 2014, company dissolution in the following case and conditions:
1. A enterprise shall be dissolved in the following cases:
a) The operation period written in the company’s charter expires without a decision on extension;
b) The dissolution is decided by the owner of the sole proprietorship, by all general partners of the partnership, by the Board of members or owner of the limited liability company, or insurance the General Meeting of Shareholders of the joint-stock company;
c) The company fails to maintain the minimum number of members prescribed by this Law for 06 consecutive months without following procedures for business conversion;
d) The Certificate of Business registration is revoked.
2. The enterprise shall only be dissolved if all debts and liabilities can be settled and the enterprise is involved in any dispute at a court or arbitral tribunal. Relevant managers and enterprises mentioned in Point d Clause 1 of this Article are jointly responsible for the enterprise’s debts.
Petition for Company Dissolution:
Under the Article 204 of the above Law, Client can consider on the below procedure for the petition to enterprise dissotion:
1. The petition for dissolution include the following documents:
a) A notification of the enterprise dissolution;
b) A report on liquidation of the enterprise’s assets; a list of creditors and paid debts, including tax debts, outstanding social insurance contributions, and debts owed to employees after deciding the dissolution (if any);
c) The seal and seal certificate (if any);
d) The Certificate of Business registration.
2. Members of the Board of Directors of the joint-stock company, members of the Board of members of the limited liability company, the company’s owner, the sole proprietorship’s owner, the Director/General Director, general partners, legal representative of the enterprise shall be responsible for the truthfulness and accuracy of the petition.
3. If the petition are not accurate or fraudulent, the persons mentioned in Clause 2 of this Article are jointly responsible for paying the unpaid debts, taxes, and unsettled employees’ benefits, and take personal responsibility for any consequence that ensue within 05 years from the day on which petition for dissolution is submitted to the business registration authority.
Quick, accurate and efficient company dissolution procedures by a team of professional, reputable and high experience lawyers in the enterprise dissolution, please contact to Dragon Law’ legal advice services at:
Dragon Law Firm - Hotline: 1900.599.979
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